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STATE v. DOWNING

No. 98-K-243.

710 So.2d 1116 (1998)

STATE of Louisiana v. Darren DOWNING.

Court of Appeal of Louisiana, Fifth Circuit.

March 17, 1998.

Attorney(s) appearing for the Case

Maria M. Chaisson, Chaisson & Chaisson, Destrehan, for Plaintiff/Appellant.

Harry J. Morel, Jr., Dist. Atty., and Louis G. Authement, Asst. Dist. Atty., Hahnville, for Defendant/Appellee.

Before WICKER, GOTHARD and DALEY, JJ.

PER CURIAM.

WRIT GRANTED; RULING DENYING THE MOTION TO SUPPRESS IS VACATED AND SET ASIDE; CASE REMANDED.

This writ application is taken from the denial of a motion to suppress physical evidence in a proceeding in which Darren Downing (Downing), a juvenile, is charged with possession of cocaine with intent to distribute. The defendant argues that the initial investigatory stop was unjustified under La.Code Crim.P. art. 215.1. We agree.

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